Nursing and Midwifery Council, R (on the application of) v Dublas [2011] EWHC 626 (Admin) (03 March 2011)

The interim order is extended as necessary, but due to the applicant's procedural failings and late service, the applicant must pay the costs of the day to the respondent.

Citation: [2011] EWHC 626 (Admin)
Parties: Claimant: The Nursing and Midwifery Council; Defendant: Dublas
Jurisdiction: England and Wales
Judgment Date: 03 March 2011
Procedural Posture: Judicial Review / Interim Order Hearing
Outcome: Interim order extended; costs awarded to respondent.
Legal Topics: Interim Suspension Orders, Costs Orders, Procedural Fairness

Administrative Law Professional Regulation Interim Suspension Orders Costs Orders Procedural Fairness

Case Brief

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Parties

The Nursing and Midwifery Council

Claimant

Dublas

Defendant

Procedural Posture

Judicial Review / Interim Order Hearing

Legal Issues

1 Whether an interim suspension order should be extended
2 Whether costs should be awarded due to late service and procedural issues

Ratio Decidendi

The interim order is extended as necessary, but due to the applicant's procedural failings and late service, the applicant must pay the costs of the day to the respondent.

Court Disposition

Interim order extended; costs awarded to respondent.

Orders

Interim order extended to 4pm on 8 September 2011.
Respondent may apply to vary or discharge the order on three days written notice.